USPTO Patents Application 10651824

Expedited Processing
Application No. 10/651,824
Amd. Dated: June 8, 2006

Reply to Final Office Action mailed March 8, 2006

REMARKS/ARGUMENTS

Reconsideration of this Application and entry of this Amendment after Final are
respectfully requested. The proposed amendment places the claims in better form for
appeal. Additionally, this amendment addresses items brought up by the examiner in the
final office action. In view of the amendments and following remarks, favorable
consideration and allowance of the application is respectfully requested.

35 U.S.C. $102 Rejection

In the Office Action, the Examiner maintained the rejection of claims 1-20 as
being anticipated by United States Patent No. 5,693,067 and contended that the Purdy
device does fully block blood flow. However, as seen in Purdy's Figure 1 1 (reproduced
below) the lumen occluding portion of the Purdy device has an opening in its center.

Purdy does not describe any embodiments of his device that have a lumen occluding
portion that does not include an opening. Because the lumen occluding portion of the
Purdy device has an opening in it, it could not fully block blood flow.

To clarify the claimed invention, independent claim 1 is hereby amended to
specify that the lumen blocking portion of the device is "configured to form a continuous
barrier that fully blocks the lumen of the blood vessel. . ." This simple amendment clearly

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Expedited Processing
Application No. 10/651,824
Amd. Dated: June 8, 2006

Reply to Final Office Action mailed March 8, 2006

distinguishes over Purdy because, as explained above, the lumen blocking portion of the
Purdy device has an opening in it and thus does not form a continuous barrier that fully
blocks the lumen of the blood vessel.

Entry of this amendment after final is appropriate because this amendment merely
clarifies the claimed subject matter, does not raise any new issues and places the claims
in condition for allowance thereby avoiding a time consuming and costly appeal.
Accordingly, entry of this amendment and issuance of a notice of allowance is earnestly
solicited.

Conclusion

For the foregoing reasons, Applicant believes all the pending claims are in
condition for allowance and should be passed to issue. The Commissioner is hereby
authorized to charge any additional fees which may be required under 37 C.F.R. 1.17, or
credit any overpayment, to Deposit Account No. 01-2525. If the Examiner feels that a
telephone conference would in any way expedite the prosecution of the application,
please do not hesitate to call the undersigned at telephone (707) 566-1746.

Respectfully submitted,

/Michael J. Jaro. Reg. No. 34.472/
Michael J. Jaro
Registration No. 34,472
Attorney for Applicant

Medtronic Vascular, Inc.
3576 Unocal Place
Santa Rosa, CA 95403
Facsimile No.: (707) 543-5420

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